Suid-Kaap Saamstaan v Electoral Commission of South Africa & Others (008/2022EC) [2022] ZAEC 9 (28 June 2022)

Suid-Kaap Saamstaan v Electoral Commission of South Africa & Others (008/2022EC) [2022] ZAEC 9 (28 June 2022)

The application was dismissed because the applicant failed to comply with the legislative requirements for notification of changes in party particulars. Regulation 9, as amended, mandates that only the registered leader of the party may notify the Commission of such changes. The Commission's records indicated the fifth respondent as the registered leader, and no notification of change had been received from him. The dispute regarding the fifth respondent's expulsion was an internal party matter, which the Commission is not empowered to resolve. The applicant's ignorance of the amended regulation and failure to follow the prescribed procedure rendered the application without substance.

Citation
[2022] ZAEC 9
Parties
Applicant: Suid-Kaap Saamstaan; Respondent: Electoral Commission of South Africa – Chief Electoral Officer; Respondent: The Provincial Electoral Officer – Western Cape; Respondent: The Minister of Local Government – Western Cape; Respondent: The Acting Municipal Manager – Oudtshoorn; Respondent: Mlandeli Abednico Nnyuka
Court
Electoral Court
Jurisdiction
South Africa
Judgment Date
28 June 2022
Case Number
008/2022EC
Procedural Posture
Review Application / Final Judgment
Outcome
Application dismissed with no order as to costs.
Judges
Mbha JA, Modiba J, Shongwe AJ, Professor Ntlama-Makhanya, Professor Phooko
Legal Topics
Internal Party Dispute, Regulation of Political Parties, Notification of Change in Registration, Party List Amendment
Administrative Law Civil Procedure Internal Party Dispute Regulation of Political Parties Notification of Change in Registration Party List Amendment

Case Brief

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Parties

Suid-Kaap Saamstaan

Applicant

Electoral Commission of South Africa – Chief Electoral Officer

Respondent

The Provincial Electoral Officer – Western Cape

Respondent

The Minister of Local Government – Western Cape

Respondent

The Acting Municipal Manager – Oudtshoorn

Respondent

Mlandeli Abednico Nnyuka

Respondent

Procedural Posture

Review Application / Final Judgment

Legal Issues

  1. 1 Whether the Commission may accept notification of changes to party particulars from persons other than the registered party leader.
  2. 2 Whether the fifth respondent's purported expulsion from the applicant was legitimate and affected his status as registered leader.
  3. 3 Whether the applicant complied with Regulation 9 for the Registration of Political Parties 2004 regarding notification of changes.

Ratio Decidendi

The application was dismissed because the applicant failed to comply with the legislative requirements for notification of changes in party particulars. Regulation 9, as amended, mandates that only the registered leader of the party may notify the Commission of such changes. The Commission's records indicated the fifth respondent as the registered leader, and no notification of change had been received from him. The dispute regarding the fifth respondent's expulsion was an internal party matter, which the Commission is not empowered to resolve. The applicant's ignorance of the amended regulation and failure to follow the prescribed procedure rendered the application without substance.

Court Disposition

Application dismissed with no order as to costs.

Orders

  • The application is dismissed with no order as to costs.